Under what circumstance is a defendant not allowed to waive their right to indictment?

• A. In non-capital case
• B. When the judge approves
• C. In all cases
• D. In capital case

Answer: (D)

In capital offenses, the constitution requires an indictment by a grand jury, and that right cannot be waived. The safeguard of a grand jury is meant to ensure there is serious, verified probable cause before the most serious charges go to trial, protecting the defendant from arbitrary or unfounded accusations. In non-capital cases, it’s possible to proceed by information if the defendant and the court approve, allowing a more streamlined process when the stakes are not as high. So the circumstance where a defendant cannot waive the right to indictment is when the charge is a capital case. The other options don’t fit because waiver is permitted in non-capital cases, and a judge’s approval does not override the capital-case rule, nor is waiver universal across all cases.